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#606619 - 02/05/10 07:46 PM Re: Bonus payout [Re: Cassie23]
jeff123 Offline

newbie

Registered: 02/04/10
Posts: 26
no CS every year if I hit bonus. It was not part of alimony...No Alimony was ever discussed.

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#606620 - 02/05/10 07:50 PM Re: Bonus payout [Re: jeff123]
1966Gal Offline
Carpal \'Tunnel

Registered: 04/04/08
Posts: 10103
Ok, so you have to pay 30% of it every year if you receive it and it *is* CS.

I ran your numbers through the Colorado CS calculator just for fun. It says (assuming $200 in child health insurance), you should pay $1680 with less than 50% custody and $880 with 50/50 custody.

You made an agreement that was unfavorable to you. Unfortunatley, unless you can show a compelling change of circumstance, you cannot get it changed for 3 years. THis is the deal you made. You signed it. It was not ordered by the courts.

I'll just advise you again to try to work something out with your ex-w.
_________________________
The Gov cannot give anything to anyone - that they have not first taken away from someone else.

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#606621 - 02/05/10 07:52 PM Re: Bonus payout [Re: 1966Gal]
1966Gal Offline
Carpal \'Tunnel

Registered: 04/04/08
Posts: 10103
One more thing...in an 11 year marriage, you definitly would have been looking at some alimony. I wonder if the higher CS and 30% bonuses was in liew of alimony in her mind. In that case, she will fight you tooth and nail to get it reduced.
_________________________
The Gov cannot give anything to anyone - that they have not first taken away from someone else.

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#606622 - 02/05/10 08:15 PM Re: Bonus payout [Re: 1966Gal]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
If the judge considers the amount unfair or unjust, she can fight all she wants. Hopefully he can modify with either the new guidelines as reason or her increased income (if that is the case). He really can't do much worse, with your numbers (including when he bonuses) he is overpaying over $1000/month.

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#606623 - 02/06/10 04:11 PM Re: Bonus payout [Re: Cassie23]
Redlegg Offline
Carpal \'Tunnel

Registered: 10/06/06
Posts: 27903
What I find unusual is the fact that for some it is oh well, too bad, he made an agreement, in other cases, people are told to lie to their benefit.

He owes the money. He should talk to ex, try to make the payment plan, if he cannot, then off to court it is. He should try for a modification if he thinks it is warranted, and if it is lowered, he can pay extra against any payment plan, if it is raised, lesson learned. It is not BM's fault for wanting him to stick to the agreement. If he wants, he could get her a certifed copy of his W2 and black out the information he does not wnat her to see.

The whole entire process just needs to go by the rules. Good bad or ugly. If it is not fair now, and no one can agree, then off to court it is.

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#606624 - 02/06/10 05:15 PM Re: Bonus payout [Re: Cassie23]
Goodmom Offline
Pooh-Bah

Registered: 06/17/07
Posts: 2202
[quote] I would have never agreed to 30% of my bonus in the first place ;) [/quote]

Well, it was either:

1. Agree to pay a percentage when/if received
or
2. Have an average added to income and then have child support calculated.

The first way would mean that he would only have to pay IF he got it.

The second way, he has to pay even if he doesn't get it.

He's in contempt. And he's not going to get out of showing his ex his W-2. A court will order it.

And a court then may decide just to calculate child support based on #2 above rather than have to deal with him not paying what is in the court order.

Him not paying was a very stupid move on his part.

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#606625 - 02/06/10 10:18 PM Re: Bonus payout [Re: Goodmom]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
No, not really. This was at mediation, he didn't have to agree to anything he didn't find fair. He was pushed into because he said she threatened that he wouldn't have 50/50 or see his kids. Just as my brother's X tried to do to him. The mediator didn't play fair--- mediator is supposed to WORK for BOTH parties. If it went to court and a judge ordered it the BONUS on BOTH side (his and hers) would have been counted along with the time share. He got screwed because of a poor mediator.

So when I say I never would have agreed to it, I wouldn't have. I would have taken my chances in court because his order is not standard.

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#606626 - 02/07/10 12:40 AM Re: Bonus payout [Re: Cassie23]
Goodmom Offline
Pooh-Bah

Registered: 06/17/07
Posts: 2202
[quote]No, not really. This was at mediation, he didn't have to agree to anything he didn't find fair. He was pushed into because he said she threatened that he wouldn't have 50/50 or see his kids. Just as my brother's X tried to do to him. The mediator didn't play fair--- mediator is supposed to WORK for BOTH parties. If it went to court and a judge ordered it the BONUS on BOTH side (his and hers) would have been counted along with the time share. He got screwed because of a poor mediator.

So when I say I never would have agreed to it, I wouldn't have. I would have taken my chances in court because his order is not standard. [/quote]

It's standard to average a bonus over a period of years and have it added to income. It is not to have his paying child support on it only if he gets it. But if he had gone to court, her bonuses would have been averaged and added to her income.

Personally, I think that if a bonus is going to be averaged and added to the CP's income,even if the CP doesn't get it every single year, then it should be averaged and added to the NCP's income, even if the NCP doesn't get it every year. The way he has it set up now, he only pays child support on it IF he actually gets it. I do think that they should come up with a way to only count the CP's bonus if s/he gets it that is as easy to do as it is with the NCP.

BTW, they didn't have a poor mediator. It isn't the mediator's job to get a "fair" agreement. It's the mediator's job to GET an agreement. And that is just what the mediator did.

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#606627 - 02/07/10 01:30 AM Re: Bonus payout [Re: 1966Gal]
raider Offline

journeyman

Registered: 09/26/09
Posts: 97
"Ok, so $27,000 + $110,000 = $137,000. After CS, his gross income is $119,000.

Her income: $45,000 + $10,000 + $18,000 = $73,000. $46,000 difference. It would make sense that he is paying the health insurance and took on more of the marital debt.

Plus, I maxed out her bonus, even though he said it could have been $6,000.

I don't think $18,000 a year is an enormous amount of CS to pay when you make $137,000. It's less than 15% of his income!"

Okay maybe i missed something, but wth did you get these numbers from?

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#606628 - 02/07/10 02:24 AM Re: Bonus payout [Re: Goodmom]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
You apparently have never been in mediation where the mediator actually takes the side of one spouse. My brother's mediator told him that what his W wanted was absolutely fair and reasonable and it was what the court would order. Brother spoke to me first, and thank god. I told him to mention the CSSA to the mediator. He did and the mediator had no clue what he was talking about. CSSA stood for Child Support Standards Act. My brother told him he was having a copy emailed to him and that he would bring it at his next meeting. He did and the mediator completely changed his position on what was 'fair' and reasonable.

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